Latest news with #LisaVetten
Eyewitness News
5 days ago
- Eyewitness News
Health workers obliged to investigate cases of pregnant minors - women's rights activist
JOHANNESBURG - Some women's rights activists have labelled the practice of not investigating cases of pregnant minors in hospitals as irresponsible amid rising numbers of statutory rape cases. This comes after a man in Ekuhruleni, east of Joburg, raped and impregnated his daughter, who was 15 years old at the time, in 2022. The man was only arrested this year and was denied bail this week by the Tsakani Magistrate's Court. Last week, the court heard how the 39-year-old father raped his daughter repeatedly in 2022. When the victim's mother realised she was pregnant, she took her to hospital to confirm that she indeed was carrying a baby. Activist, Lisa Vetten, said this was when police were supposed to be alerted of the matter by the health authorities. "In terms of the Sexual Offences Act, if she had gone to the hospital and the health workers noted her age, they were obliged to undertake careful and sensitive enquiry into how she had fallen pregnant and to investigate her circumstances." The victim's mother tried to get her to abort the baby but was unsuccessful.
Mail & Guardian
08-07-2025
- Mail & Guardian
Mbenenge says flirtatious texts with his accuser were sensual, not sexual
Eastern Cape judge president Selby Mbenenge. (Office of the Chief Justice/ S Lioners) Flirtatious text messages between Eastern Cape judge president Selby Mbenenge and junior legal professional Andiswa Mengo were at the centre of Tuesday's session of the judicial conduct tribunal in which he faces sexual harassment charges. Mbenenge told the tribunal that the tone of the text exchanges was 'sensual' rather than sexual, and emphasised that he and Mengo had not been physically intimate. When he first took the stand on Monday, Mbenenge showed he was not at the Mthatha high court during the date of an alleged incident of indecent exposure at his chambers and said the relationship with Mengo was consensual. Taking the stand months into the tribunal, Mbenenge insisted that he did nothing wrong in pursuing a romantic relationship with Mengo, saying he was not her supervisor and blamed a smear campaign for the harassment claims. Mengo has accused Mbenenge of sexually hounding her while she was based at the Mthatha high court, including sending inappropriate WhatsApp messages and requesting nude photographs of her. Gender expert Lisa Vetten has testified that because of Text messages have taken centre stage in the evidence, with digital forensic analysts and linguistic experts unpacking their subliminal meanings. The On Tuesday, Mbenenge focused his defence on screenshots of nude photos he is alleged to have sent to Mengo on 16 June 2021, requesting her reciprocation the next day. He denied sending any such photos and said there was no concrete evidence to support the claim. In her affidavit, Mengo stated that Mbenenge had sent several photos of his private parts and pornographic material, which he allegedly deleted shortly after sending. She said she managed to capture a screenshot of one image. But Mbenenge highlighted what he called inconsistencies between Mengo's affidavit and her earlier testimony during the first sitting of the tribunal in January. He questioned the absence of the alleged nude photo, stating that no such image had been presented as evidence. Reading from her complaint, Mbenenge quoted Mengo's testimony of her recollection the day after he requested a nude photo from her: 'On 18 June 2021 he asked me if we were done with what we were talking about, and I said no.' He said this suggested ambiguity, not rejection. Mbenenge said that instead of sending him a nude photo as requested, Mengo had posted a photograph of herself on her WhatsApp status, to which he responded with a message expressing pleasant surprise. He further claimed that the following day, Mengo sent him a Father's Day message using his clan name, 'Jola', which he described as a term of endearment. Mengo has said she Mbenenge said he interpreted this as a continuation of the flirtatious tone and an indication of mutual interest. He said the phrase 'earn it', which Mengo used during their exchange, was not a rejection but an invitation to persist in romantic pursuit. 'What I am doing at this point is to demonstrate the incongruity between the complaints [texts and testimony]' Mbenenge told the tribunal. He argued that the content and context of the text messages showed a mutual and consensual romantic dynamic, not harassment. Asked by his counsel, Muzi Sikhakhane, whether he had ever picked up discomfort from Mengo, Mbenenge responded, 'Not at all.' He described their conversations as 'deeply sensual', even when discussing sexual positions, and insisted this did not amount to sexual engagement or harassment but rather playful flirtation. Mbenenge dismissed the suggestion that Mengo had firmly said 'no' multiple times during their exchanges, stating he did not encounter a 'no' when reading the transcript of the text messages. Mbenenge said Mengo had complimented him as 'handsome' twice and, at one point, when he asked, 'Do you reckon we can be intimate this week?', she responded by saying she would answer in person. The text conversations, according to Mbenenge, eventually became confusing, particularly when he sought to meet in person and Mengo failed to give a clear response. The judge continuously emphasised the 'shame' he had to endure because of the explicit nature of the allegations based on Mengo's testimony without actual evidence of photos he is accused of having sent. The tribunal continues on Wednesday with further cross-examination by Sikhakhane and the evidence leader, Salome Scheepers.
Times
02-07-2025
- Times
‘No means no' is Eurocentric, South African lawyers say in harassment case
Lawyers for a South African high court judge accused of sexual harassment have dismissed a gender expert's testimony that 'no means no' as 'Eurocentric'. They also accused the expert of an 'imposition of whiteness' in her assessment of the case brought against Selby Mbenenge, judge president of the Eastern Cape, by a secretary in his court, Andiswa Mengo. If found guilty, by the Judicial Conduct Tribunal in Johannesburg, Mbenenge, 64, faces impeachment. Mengo, 41, has said that the judge repeatedly asked her to send him nude photographs, and sent her explicit ones of himself. WhatsApp messages presented to the tribunal have shown that Mengo said 'no' repeatedly and never sent the judge any images, even using a Bible verse to refuse him. 'I don't know how much clearer you can be than when you say no to somebody and that you said a couple of times 'no, no, that's not possible, it's not going to happen',' said Lisa Vetten, one of South Africa's foremost academics on gender-based violence. Lisa Vetten giving evidence to the tribunal THE SOUTH AFRICAN JUDICIARY However, lawyers for the judge questioned Vetten's testimony, saying that because she does not speak the language that Mbenenge and his secretary used on WhatsApp, isiXhosa, elements have been lost in translation. 'In the context of South Africa, an analysis of language is also riddled with an imposition of whiteness and English in interpreting vernacular,' Muzi Sikhakhane, advocate for the defence, said. 'You may actually miss the messaging in the conversation.' Vetten replied that she had been given all the messages in translation by the tribunal and she did not believe Mengo had been a 'willing participant' in the exchanges. Although Mengo had at times replied, only saying that she was busy with work or cooking, Vetten said this was a way of fobbing off her boss without being rude. The gender violence expert explained that because of the unequal power dynamic, within which Mbenenge was Mengo's superior, she was 'unable to be as open and direct' as she would have liked. The defence argued that Vetten's evidence failed to take into account 'prevailing cultural practices', noting several isiXhosa words that stress 'persistence' and 'pleading' as an important part of courtship. The tribunal was told that the judge had asked Mengo 14 times what her favourite sexual position was. A forensic linguist has previously testified about the meaning of the salacious emojis the judge sent Mengo, explaining that his use of the peach, aubergine and dripping syringe emojis had 'sexual connotations'.
Mail & Guardian
01-07-2025
- Politics
- Mail & Guardian
Gender expert biased towards judge president Mbenenge, lawyer says
Eastern Cape judge president, Selby Mbenenge. (Judges Matter) Gender expert Lisa Vetten says legal professional Andiswa Mengo's ambiguous responses to Eastern Cape judge president Selby Mbenenge's overtures The tribunal looking into whether Mbenenge is guilty of gross misconduct for the alleged sexual harassment of Mengo 'When it comes to the complainant, you are prepared to give very sympathetic, long-winded explanations for what she says, but you do not do that when you interpret what the respondent does,' Sikhakhane said on Tuesday in his continued cross-examination of Vetten. 'As an expert, you are not here as an advocate for complainants; you are here to interpret and give objective evidence.' He said Vetten was blunt when analysing Mbenenge's texts but sympathetic when interpreting Mengo's allegations. The gender expert had omitted salacious texts sent by Mengo, Sikhakhane added, claiming this showed the complainant was not ambiguous in her feelings and did not regard Mbenenge as a father figure but as a romantic interest. Even when Mengo was clear in her texts, Vetten wrongly interpreted it as an avoidance strategy, he said. 'The assumption of your opinion is that, faced with the words of the complainant, you offered a different interpretation of what she said,' Sikhakhane said. Vetten said she observed a pattern in the texts in which Mengo said one thing and did another — similar to when she said 'Will do!' in response to a request for naked photos from Mbenenge but did not send them. Sikhakhane argued that Vetten's interpretation of Mengo as a childlike victim who could not speak up for herself Vetten responded that her opinion of Mengo and her responses within the power dynamics was consistent with similar cases of gender-based violence she had worked on. 'My comments are based on what I read here and how I understand or see what she says,' said Vetten, adding that she had considered the heads of argument and the context of the case. Sikhakhane responded that Vetten was making generalisations about women and sexual harassment, which did not apply to the specific case between Mengo and Mbenenge. He added that Mengo is a 42-year-old woman who is intelligent and capable of standing up for herself when made uncomfortable by sexual advances. Sikhakhane said Mengo had a history of belligerence in the workplace, including an incident in which she physically attacked her line manager. He said this behaviour showed that she was not timid or afraid of confrontation. '[This] particular complainant has exhibited a propensity not to fear authority and has physically attacked her line manager.' Vetten responded that people can shift between aggressive and passive-aggressive behaviour, adding that a history of being extroverted did not mean power dynamics did not affect a person in subtle ways. Sikhakhane resumed his earlier argument, first made during the tribunal's initial sitting in January, that power relations are not static and that his client's case did not fit a conventional gender dynamic. He said that power could shift during a relationship and that, during the course of their conversation, the less powerful court secretary had held power over the judge president. Sikhakhane said Vetten lacked an understanding of cultural and linguistic nuances and was therefore unable to analyse what is appropriate during courtship between two African people. Vetten responded that her observation was that the conversation between Mengo and Mbenenge was inappropriate for the workplace. While she argued that it was misconduct for a judge president to pursue a junior employee, Sikhakhane said this did not constitute harassment Sikhakhane said Vetten was a well-known gender activist who, although she had helped many women, brought bias against his client and showed sympathy for Mengo. 'If I were to testify in matters where I must choose between African people and others, I would refuse, because I would not resist the temptation of not being objective. 'Do you agree with me that a person like me or you, who has strong views about a particular side of things, can actually sacrifice objectivity and present views filled with their own feelings and idiosyncrasies?' Vetten responded that she had served on panels before and adjudicated cases in which the evidence presented did not fit a finding of sexual harassment. Sikhakhane argued that since Vetten had admitted to not understanding isiXhosa, her expert analysis lacked insight into prevailing cultural practices around courtship. 'Your analysis is deficient without a cultural understanding of how romantic relationships unfold in an African setup,' he said. 'If you had read the cross-examination, it would have enhanced your analysis and impacted some of the things you said, because you do not know what he said.' Vetten said she was aware from media reports and the evidence leader's heads of argument that Mbenenge believed the relationship was consensual. However, she was not convinced when she read the WhatsApp messages. What stood out from the messages was that, while Mengo did not explicitly reject Mbenenge, she refused to commit to any of his sexual advances. Sikhakhane said Vetten's description of Mengo as a submissive and docile woman was inaccurate and that false claims of sexual harassment risked undermining the experiences of actual victims. Vetten said she was aware that false claims do occur but noted that women's credibility is often undermined when they do not 'behave well' enough to fit the description of a victim. Sikhakhane implied that Mengo was making a false claim against Mbenenge and was using the allegation of sexual harassment to attack his character, which he said undermines gender-based violence advocacy. The judicial conduct tribunal continues until 11 July, with Mbenenge expected to bring his witnesses and testify himself.
Mail & Guardian
30-06-2025
- Mail & Guardian
Expert says power imbalances shaped Mengo's response to alleged sexual harassment by judge
Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images) Power dynamics in the workplace played a critical role in shaping how Andiswa Mengo responded to alleged sexual harassment by Selby Mbenenge, gender-based violence specialist Lisa Vetten told the judicial tribunal into the conduct of the Eastern Cape judge president when it resumed on Monday after a break. Mbenenge is The tribunal seeks to determine whether Mbenenge is guilty of gross misconduct and should be impeached from the bench. It resumed on Monday after Drawing on more than two decades of experience, Vetten assessed the nature of the interaction between Mbenenge and Mengo, including her responses to his messages. Mbenenge allegedly sent On Monday, evidence leader Salome Scheepers asked Vetten to analyse 47 days of WhatsApp conversations, comprising 837 messages — 526 from Mbenenge and 311 from Mengo. Vetten began her work in the 1990s through the Sexual Harassment Education Project, where she trained workers affiliated withtrade union federation Cosatu to develop codes of conduct. She later contributed to policy development in the Department of Higher Education and Training and served as co-chair of the Gender Equity Office at the University of the Witwatersrand. Vetten explained that she used the 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace to guide her assessment. The code, published by the department of employment and labour under the Employment Equity Act, defines sexual harassment as physical conduct such as unwanted touching; verbal and non-verbal conduct including suggestive comments or images and the creation of a hostile workplace environment. It also refers to quid pro quo harassment, where sexual favours are sought in exchange for opportunities or favourable treatment. Vetten said her task was to examine whether the complainant was in a position to express discomfort and to ask the judge to stop. She said she considered how consent operates in conditions of hierarchy, formality and fear of reprisal. 'She was using different strategies to communicate reluctance and unwillingness,' Vetten told the tribunal. She identified six strategies that Mengo used to deflect or resist the alleged harassment: deflection, where she changed the subject; deviation, where she gave ambiguous or incomplete answers; deferral, where she postponed the conversation; silence, where she did not respond; accommodation, where she sought to placate without encouraging and resistance, where she said 'no' directly. 'There were a range of different strategies being used and they changed over time. You can see her figuring out what does and does not work and adapting her efforts accordingly,' Vetten said. She said that meaningful consent must be more than a superficial 'yes' and that it requires the opportunity to freely choose. 'The code recognises that in an ideal world, when someone says or does something inappropriate, we can say, 'Stop, this is making me uncomfortable.' But the reality is that people often cannot respond like that.' In her view, consent should not be judged through the lens of subjective perfection, but instead by the circumstances in which it occurs. She argued that coercive environments — particularly those marked by unequal power — compromise an individual's capacity to say no. 'Coercive circumstances help us understand that it is hard for someone to say no because of the authority that a person wields. That person is in a position where they can make life very unpleasant,' she said. Asked by Scheepers whether the code implies that consent does not always require saying 'no' explicitly, Vetten agreed, saying that the code recognises indirect expressions of refusal. She added that prior consent does not imply blanket permission for future conduct. 'Consent to one thing does not imply consent to any behaviour that follows,' she said. Victims often adopt 'sophisticated strategies of avoidance', which include replying late, using humour or remaining silent. She said Mengo's delayed responses and occasional use of humour were consistent with such avoidance strategies. She described one WhatsApp exchange in which a work-related conversation abruptly shifted when Mbenenge requested nude photos. The messages showed a pattern of rapid-fire texts as a style of pressure, which Vetten characterised as persistent. She also noted Mbenenge's frequent use of the 'angel halo' emoji after making inappropriate requests. 'Sometimes he would use it after saying, 'Give me a photograph,' and then follow up with the emoji of an angelic halo,' she said. Vetten's assessment of the text messages concluded that Mengo's responses lacked enthusiasm and reflected discomfort. She observed that the power disparity between the judge and the legal professional complicated Mengo's ability to express herself freely. While Mbenenge was not her direct supervisor, his seniority, public stature and institutional influence created a context in which dissent could carry professional risk. 'Saying 'no' to someone who is your senior is difficult. It is an inversion of the workplace relationship and raises questions of victimisation if the response is not what is expected.' Vetten also highlighted that sexual harassment cases are more complex in environments with multiple layers of hierarchy, such as the judiciary. The formality and authority embedded in such institutions increase the vulnerability of those lower down in the structure. She said her testimony aimed to dispel myths about sexual expression, particularly those that rely on biological essentialism to justify harmful conduct. 'Ideas about biological differences in sexual expression are often used to excuse rape. These myths allow abuse to fester,' Vetten said. However, Mbenenge's legal representative, Muzi Sikhakhane, questioned Vetten's impartiality and the objectivity of her expert analysis: 'A tribunal cannot, and should never, trust an expert who supports, or is sympathetic to, a particular version of a litigant.' He said that expert opinion should be an independent product of the witness, uninfluenced by the outcome of the case. Mbenenge has consistently denied sexual harassment, Sikhakhane further argued that parts of Vetten's analysis ventured into the territory of psychoanalysis, which he suggested was outside the appropriate bounds of expert interpretation for that forum. The tribunal was due to continue on 1 July with Sikhakhane's cross-examination.
